Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Place                                       H.J.R. No. 114

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment relating to the abolition of

 1-2     the State Board of Education.

 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article VII, Section 3, of the Texas Constitution

 1-5     is amended to read as follows:

 1-6           Sec. 3.  One-fourth of the revenue derived from the State

 1-7     occupation taxes and poll tax of one dollar on every inhabitant of

 1-8     the State, between the ages of twenty-one and sixty years, shall be

 1-9     set apart annually for the benefit of the public free schools; and

1-10     in addition thereto, there shall be levied and collected an annual

1-11     ad valorem State tax of such an amount not to exceed thirty-five

1-12     cents on the one hundred ($100.00) dollars valuation, as with the

1-13     available school fund arising from all other sources, will be

1-14     sufficient to maintain and support the public schools of this State

1-15     for a period of not less than six months in each year, and the

1-16     legislature shall provide for [it shall be the duty of the State

1-17     Board of Education to set aside] a sufficient amount out of the

1-18     said tax to be set aside to provide free text books for the use of

1-19     children attending the public schools of this state; provided,

1-20     however, that should the limit of taxation herein named be

1-21     insufficient the deficit may be met by appropriation from the

1-22     general revenue funds of the State and the Legislature may also

1-23     provide for the formation of school district by general laws; and

1-24     all such school districts may embrace parts of two or more

 2-1     counties, and the Legislature shall be authorized to pass laws for

 2-2     the management and control of the public school or schools of such

 2-3     districts, whether such districts are composed of territory wholly

 2-4     within a county or in parts of two or more counties, and the

 2-5     Legislature may authorize an additional ad valorem tax to be levied

 2-6     and collected within all school districts heretofore formed or

 2-7     hereafter formed, for the further maintenance of public free

 2-8     schools, and for the erection and equipment of school buildings

 2-9     therein; provided that a majority of the qualified property

2-10     taxpaying voters of the district voting at an election to be held

2-11     for that purpose, shall vote such tax not to exceed in any one year

2-12     one ($1.00) dollar on the one hundred dollars valuation of the

2-13     property subject to taxation in such district, but the limitation

2-14     upon the amount of school district tax herein authorized shall not

2-15     apply to incorporated cities or towns constituting separate and

2-16     independent school districts, nor to independent or common school

2-17     districts created by general or special law.

2-18           SECTION 2.  Article VII, Section 5(d), of the Texas

2-19     Constitution is amended to read as follows:

2-20           (d)  Notwithstanding any other provision of this

2-21     constitution, in managing the assets of the permanent school fund,

2-22     the state officer or board designated by statute to manage the fund

2-23     [State Board of Education] may acquire, exchange, sell, supervise,

2-24     manage, or retain, through procedures and subject to restrictions

2-25     it establishes and in amounts the officer or board [it] considers

2-26     appropriate, any kind of investment, including investments in the

2-27     Texas growth fund created by Article XVI, Section 70, of this

2-28     constitution, that persons of ordinary prudence, discretion, and

2-29     intelligence, exercising the judgment and care under the

2-30     circumstances then prevailing, acquire or retain for their own

 3-1     account in the management of their affairs, not in regard to

 3-2     speculation but in regard to the permanent disposition of their

 3-3     funds, considering the probable income as well as the probable

 3-4     safety of their capital.

 3-5           SECTION 3.  Article XVI, Section 70(c), of the Texas

 3-6     Constitution is amended to read as follows:

 3-7           (c)  The fund is managed by a board of trustees consisting of

 3-8     four public members appointed by the governor ; the state officer

 3-9     designated by statute to manage the permanent school fund or, if a

3-10     board is designated, one member from and elected by that board; and

3-11     one member from and elected by membership of each of the following:

3-12                 (1)  the Board of Regents of the University of Texas

3-13     System;

3-14                 (2)  the Board of Regents of the Texas A&M University

3-15     System;

3-16                 (3)  the Board of Trustees of the Teacher Retirement

3-17     System of Texas; and

3-18                 (4)  the Board of Trustees of the Employees Retirement

3-19     System of Texas[; and]

3-20                 [(5)  the State Board of Education].

3-21           SECTION 4.  Article VII, Section 8, of the Texas Constitution

3-22     is repealed.

3-23           SECTION 5.  This proposed constitutional amendment shall be

3-24     submitted to the voters at an election to be held November 4, 1997.

3-25     The ballot shall be printed to provide for voting for or against

3-26     the proposition:  "The constitutional amendment abolishing the

3-27     State Board of Education."